This chapter shall be known and may be cited as "The Subdivision
and Land Development Ordinance of Lemoyne Borough."
The purpose of these subdivision and land development regulations
is to provide for the harmonious development of the Borough by:
A.
Assisting in the orderly and efficient integration of land developments
within the Borough.
B.
Ensuring conformance of land development plans with public improvement
plans and programs.
C.
Ensuring coordination of intermunicipal public improvement plans
and programs.
D.
Securing the protection of water resources and drainage ways.
E.
Facilitating the efficient movement of traffic.
F.
Securing equitable handling of all land development plans by providing
uniform standards and procedures.
G.
In general, promoting greater health, safety, and welfare of the
citizens of the Borough.
H.
Securing adequate sites for recreation, conservation, scenic and
other open space purposes.
I.
Achieving general consistency with the statement of community goals
and objectives as contained in the Lemoyne Borough, Camp Hill Borough
and Wormleysburg Borough Joint Comprehensive Plan.
No subdivision and land development of any lot, tract or parcel
of land shall be made, no street, sanitary sewer, storm sewer, water
main, or other improvements in connection therewith shall be laid
out, constructed, opened, or dedicated for public use or travel, or
for the common use of occupants of buildings abutting thereon, except
in accordance with the provisions of this chapter. The authority for
the control and regulation of subdivision and land development within
the Borough shall be as follows:
A.
Review by the Borough Planning Commission. The Lemoyne Borough Planning
Commission, hereinafter referred to as the "Planning Commission,"
shall be vested with the review of subdivision and land development
plans.
B.
Review by the County Planning Commission. Plans for subdivision and
land development located within Lemoyne Borough shall be forwarded
by the applicant to the Cumberland County Planning Commission for
review and report. The Lemoyne Borough Council shall not give final
approval to such plans until the County report is received or until
the expiration of 30 days from the date the application was forwarded
to the County.
C.
Approval by the Borough Council: The Lemoyne Borough Council, hereinafter
referred to as the "Borough Council," shall be vested with the authority
to approve or disapprove all subdivision and land development plans.
D.
The standards and requirements contained in this chapter shall apply
as minimum standards for subdivisions and land developments located
with Lemoyne Borough. However, when the Borough in its zoning ordinance,[1] building code, road ordinance, or other ordinance, code,
resolution, or regulation other than this Subdivision and Land Development
chapter, imposes more restrictive standards and requirements than
contained herein, such other standards and requirements shall prevail.
These other Borough standards and requirements shall be subject to
enforcement by the agency assigned such jurisdiction by said ordinance,
code, resolution, or regulation. Approval of a plan by the Borough
shall not be construed as an indication that the plan complies with
the other Borough standards or requirements.
E.
This chapter shall apply to all subdivision and land development
plans submitted after the effective date of this chapter and to all
subdivision and land development plans submitted before the effective
date of this chapter which no longer have protection from the effect
of changes in governing ordinances granted by § 508(4) of
the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4).
F.
Any changes made to this chapter shall not adversely affect an application
for approval, whether preliminary or final, while such application
is pending approval or disapproval and the applicant shall be entitled
to a decision in accordance with the provisions of the governing ordinances
as they stood at the time the application was duly filed. Additionally,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the provisions
of the chapter as they stood at the time of preliminary approval.
However, if an application is properly and finally denied, any subsequent
applicant shall be submitted to the intervening change in governing
regulations.
G.
If the applicant has received preliminary or final approval, no change
or amendment to this chapter:
(1)
Shall be applied to adversely affect the right of the applicant to
commence and complete any aspect of the approved application, whether
preliminary or final, in accordance with the terms of such approval
within five years from such approval. This five-year period shall
begin on the date of preliminary approval, if applicable.
(2)
Shall modify or revoke any aspect of an approved final plan pertaining
to Zoning classification or density, lot, building, street, or utility
location where the landowner has substantially completed the required
improvements as depicted on the final plan within five years of such
approval.
